Priyadarshini Madhav Raut v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2412 OF 2024 Priyadarshini Madhav Raut

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Mr. P. V. Jadhavar, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : MARCH 04, 2024 PER COURT :

1.

By the impugned judgment, the Petitioner's claim of belonging to the Koli Mahadev tribe, has been rejected. She is in employment with PWD.

2.

The Petitioner claims that Aarti, daughter of Dilip Raut, is her cousin sister. Aarti has been granted a validity certificate. So also, her biological brothers Sagar and Rutvik Dilip Raut, have also been granted a validity certificate. As such, it is necessary to find out as to whether Aarti, Sagar and Rutvik have indicated the present Petitioner as their cousin sister, when they tendered their family geneology in their proceedings before the competant

committee. There is every reason for the Petitioner today to claim close relations with Aarti, Sagar and Rutvik, as they have received validity certificates. 3.

The learned Advocate for the Petitioner submits that the Petitioner is willing to file an affidavit/undertaking declaring that she will not be seeking increments, pay revision, promotion or service benefits etc, until her claim is validate. On the basis of such affidavit/undertaking, she prays for protection.

4.

Issue notice to the Respondents, returnable on 26th March, 2024. The learned AGP waives service of notice on behalf of all the Respondents.

5.

The learned AGP shall place before us the family tree presented by Aarti Dilip Raut, Sagar Dilip Raut and Rutvik Dilip Raut, who have received validity certificates.

6.

On the condition of filing the affidavit /undertaking as noted above, the services of the Petitioner would be protected against termination until further orders, only in relation to the reason that she

has not received a validity certificate. Such affidavit/undertaking shall be filed in this Court as well as before the employer, within 15 days from today. 7.

Considering the short issue involved, list this Petition in the "urgent orders" category on 26th March, 2024.

8.

All office objections to be removed on or before 20th March, 2024, failing which, this Petition shall be dismissed without further reference to the Court on 21st March, 2024.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani